China

On August 29, 2015, the 16th meeting of the 12th National People’s Congress Standing Committee ratified the 2006 Maritime Labor Convention formulated by the International Labor Organization (the “Convention”). The Convention, which regulates minimum wage, working hours, rest periods, paid leaves, healthcare benefits, and crew diets, is known as the “Human Rights Code of Crew” […]

A female employee filed a suit with a court in Shanghai seeking unpaid overtime because she did not receive one-hour breastfeeding breaks for six months during the breastfeeding period under her employment contract. The judge opined that within the first year of giving birth, a female employee is entitled to a one-hour breastfeeding break each […]

Recently in its regular meeting, the PRC State Council proposed to promote the local implementation of paid annual leave rules. The promotion of these rules was already suggested in the Opinion on Building Harmonious Employment Relations, which was announced by the State Council earlier this year. As a result, the state council encourages local governments […]

Female Worker Protection Measures of Wuhan and Female Worker Protection Regulation of Shanxi were both passed, offering additional support and protection to female employees, especially during menstrual periods and menopause. Specifically, these two rules grant longer rest periods (such as coffee breaks) to employees undergoing menstrual periods. The Female Worker Protection Regulation of Shanxi Province […]

Recently, Beijing’s No.1 Intermediary Court highlighted in its briefing on April 28, 2015 that mixed employment between affiliated companies has been a major factor behind labor disputes, especially for internet companies. In one exemplary case, an employee signed an employment contract with one company (“Company A”), which shared the same legal representative, managers and supervisors […]

In recent years, due to business needs, many global companies have adjusted their business models or changed their production or made M&A transactions. This process has incidentally led to substantial layoffs within some companies. As a result, more and more employees are pursuing collective actions, such as strikes and other protests, to resist these redundancies […]

On October 1, 2015, the amended Regulations of Shanghai Municipality on Collective Contracts will take effect, tracking parallel regulations previously passed in Beijing Municipality, Guangdong Province and Zhejiang Province, which reflect a trend of deeper and broader negotiations, particularly on wages, between employers and employees or trade unions.

In order to help employers endure the recent economic hardship, the central government of China has further reduced the average contribution rates for work-related injury insurance and maternity insurance. These reductions will come into effect on October 1, 2015 and will save employers RMB 27 billion per year according to a preliminary estimate.

The Ministry of Public Security of China, in cooperation with Shanghai’s scientific and technological innovation programs, issued a series of supportive measures designed to draw more overseas high-level personnel to Shanghai. Companies and foreign employees should pay great attention to the qualification criteria for high-level foreign talent released by the Shanghai government.

With the development of new information technology, new forms of electronic evidence are being submitted to labor arbitration committees and courts. For example, in a case heard by the Haidian District Court in Beijing, a senior manager misinterpreted an employee’s WeChat post (Wechat is a social networking software that allows users to interact using texts, […]